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CR.MA/12873/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12873 of 2008
In
CRIMINAL
APPEAL No. 99 of 2000
=========================================================
VIJAY
RANGLAL CHAURASIA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MS
SUBHADRA G PATEL,MR KJ SHETHNA and MR CJ VIN for the Applicant.
Ms.
D.S.Pandit, Addl. PUBLIC PROSECUTOR for the
Respondents.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE C.K.BUCH
and
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 20/10/2008
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE C.K.BUCH)
Heard
the learned advocate for the applicant-convict and the learned
Additional Public Prosecutor for the respondent State.
2. Rule.
Learned Additional Public Prosecutor waives service of Rule on behalf
of the respondents. In compliance of the order passed by this Court
on 16th October, 2008, learned Additional Public Prosecutor has given
a copy of the fax message received through Jailor containing remarks
as to the grant of temporary bail to the applicant-convict and the
furlough leave enjoyed. As per remarks received, on one occasion, the
Apex Court had granted 15 days’ temporary bail to the accused on
medical ground in the month of October, 2002. Thereafter, the
applicant has been granted temporary bail on number of occasions,
total on 17 occasions. Class-I officer, SSG Hospital has confirmed
that the ailment referred to in the certificate issued by SSG
Hospital is genuine. We had made inquiry through police officials of
the city of Vadodara and Assistant Professor, Medicines, Mr. Thorat
when has confirmed that the applicant-convict has history as narrated
in the medical certificate issued by SSG Hospital, the
applicant-convict can be granted temporary bail for 15 days so that
he can avail the medical treatment through a Physician of his choice.
Earlier on some occasions, the applicant was granted temporary bail
for 10 days or 13 days. The period of 15 days would be adequate.
3. The
application therefore, is partly allowed. The substantive sentence is
placed under suspension. The applicant-convict is ordered to be
enlarged on temporary bail for a period of 15 days from the date of
his release on his furnishing a personal bond of Rs. 15,000/- (Rs.
Fifteen thousand) before Jail Authority, on the following conditions.
(i)
He shall file a written undertaking before Jail Authority that he
shall surrender before Jail Authority without formal orders, on 16th
day at any time prior to 4.00 p.m.
(ii)
He shall not leave the State of Gujarat without prior permission of
this Court.
Rule
made absolute accordingly. Direct service is permitted.
(C.K.Buch,J)
(D.N.Patel,J)
***darji
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